- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Energy Act 2010, Section 31.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Orders and regulations under this Act are to be made by statutory instrument.
[F1(1A)Subsection (1) does not apply to regulations made by the Scottish Ministers (see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: functions exercisable by Scottish statutory instrument).]
(2)A statutory instrument containing regulations under—
(a)any provision of Part 1,
(b)section 9 or 15(3), or
(c)section 26,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3)But subsection (2)(a) does not apply to a statutory instrument that contains regulations under section 6 if—
(a)the regulations under that section do not amend an Act, and
(b)the instrument does not contain regulations under any other provision of Part 1;
and, in such a case, the instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
(4)A statutory instrument containing—
(a)regulations under section 11, or
(b)an order under section 23, 28(5) or 29(2),
is subject to annulment in pursuance of a resolution of either House of Parliament.
[F2(4A)Regulations made by the Scottish Ministers under section 9 are subject to the affirmative procedure (see section 29 of the Interpretative and Legislative Reform (Scotland) Act 2010).]
(5)An order or regulations under this Act may—
(a)include incidental, supplementary and consequential provision;
(b)make transitory or transitional provision or savings;
(c)make different provision for different cases or circumstances or for different purposes.
(6)Regulations [F3made by the Secretary of State] under Part 1 or 2 may impose obligations or confer functions on a person (including the Secretary of State).
[F4(6A)Regulations made by the Scottish Ministers may impose obligations or confer functions on a person (including the Scottish Ministers).]
(7)Regulations under Part 1 may amend provision made by or under an Act or an Act of the Scottish Parliament (whenever passed or made).
(8)But the Secretary of State must obtain the consent of the Scottish Ministers before making regulations under Part 1 which contain provision that—
(a)is included by virtue of subsection (7),
(b)extends to Scotland, and
(c)would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.
(9)If, but for this subsection, an instrument containing regulations under this Act would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
(10)In this section “order” means an order made by the Secretary of State.
Textual Amendments
F1S. 31(1A) inserted (1.12.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 58(5), 72(4)(d) (with s. 58(9)); S.I. 2017/1157, regs. 3(a), 4
F2S. 31(4A) inserted (1.12.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 58(6), 72(4)(d) (with s. 58(9)); S.I. 2017/1157, regs. 3(a), 4
F3Words in s. 31(6) inserted (1.12.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 58(7), 72(4)(d) (with s. 58(9)); S.I. 2017/1157, regs. 3(a), 4
F4S. 31(6A) inserted (1.12.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Scotland Act 2016 (c. 11), ss. 58(8), 72(4)(d) (with s. 58(9)); S.I. 2017/1157, regs. 3(a), 4
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: